Date: 19991108
Docket: T-2842-90
Ottawa, Ontario, this 8th day of November, 1999
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
DAVID B. BROUGH
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
AND:
Docket: T-389-91
SATELLITE EARTH STATION TECHNOLOGY, INC.
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER and ORDER
[1] On July 20, 1999 I made an order dismissing Mr. Brough"s Notice of Motion. I ordered costs against Mr. Brough even though the motion was unopposed. Mr. Brough questions the jurisdiction to order costs for an unopposed proceeding. He is correct.. Rule 397 provides for reconsideration of an order if an application for reconsideration is made within 10 after the making of the order. The Court file discloses that my order was forwarded to Mr. Brough by registered mail on July 21, 1999. Rule 141 (2) provides that service of a document by registered mail is effective from the date of receipt indicated on the post office register or receipt. I do not have the post office register or receipt before me. Mr. Brough"s submissions are dated August 3 1999, which is 13 days from the date the order was mailed. Either Mr. Brough"s submissions were made in time or, if they were not, I am prepared to waive the non-compliance with the rules.
[2] Mr. Brough"s submissions are entitled Request for written reasons. The bulk of it is a reiteration of past history. The only point deserving of a response is the one relating to costs. For purposes of doing justice, I am prepared to treat Mr. Brough"s letter as a request for reconsideration on the question of costs. Having reconsidered the matter and in particular the fact that the motion was unopposed, a fact which was accidentally overlooked, I will amend by order to remove the reference to costs by deleting paragraphs 2 and 3 of my order.
ORDER
Upon reading the submissions of the Applicant dated August 3, 1999 which for these purposes are taken to be a request for reconsideration; and
Upon taking into account the fact that the application was unopposed, a fact which was accidentally overlooked;
IT IS HEREBY ORDERED THAT the order of July 20, 1999 is varied by deleting paragraphs [3] 2 and [3] 3. The order remains in force according to its terms in all other respects.
"J. D. Denis Pelletier"
Judge